Unknown VCS CCJ - Bristol Airport - Stopping in a zone where stopping is prohibited . Was abroad

[brassnecked]

Have renamed it and reuploaded for you Zimbird

[brassnecked]

Its Simon's begging thrreat letter about the £220 extra costs he will ask for that aere not permitted in Small Claims Track, that one will help defence, Simon already been tolchocked by a CAGGER in court with that letter.

[Zimbird]

Thank you brassnecked for sorting - will try and get it renamed next time and use the upload guide.

Just to let u sll know both emails went off this afternoon as recommended.

I am getting quite concerned as the time approaches April 22nd - i will try and find someone in Uk to phone the court for me next week and get the info regarding BT Meet Me.

I wonder how i will know if the claimant has paid the court fee? but it says “or file a completed application” (which he has done - ages ago and i posted the many pages) - so maybe the court fee is irrelevant?

Do u think i will need to prepare a defence and submit it - this is terrifying me to be honest! I don’t know where to begin. Do u think it is worth it? I am so tempted to be done with all of this! I know u would all prefer me to be terrified than pay- so i will go with what u all decide as respect for all the help u have given me - but just to let u know i am way out of my comfort zone.

When do u think i will need to start preparing my defence?  I am meant to be going away 2nd-6th and 12-16th April.

It says i have to deliver documents including experts reports on which i intend to rely at the hearing no later than 14 days before the hearing.

That is 8th April - so 2 days after i get back.  Looking almost impossible.

Please give me your thoughts on my next steps.

Thanks 

 

[FTMDave]

Don't worry, everything is eminently rescuable.

 

If you don't hear from the court by Tuesday, get a female friend or relative in the UK to ring the court.  Obviously they shouldn't lie and pretend to be you - just don't, er, volunteer the information.

 

Get her to firstly ask if VCS have paid the hearing fee.

 

If they have, say secondly that you have e-mailed the court twice about the complication of you living in Zimbabwe, you have asked if they will call Zimbabwe with BT Meet Me but have not received a reply.

 

Regarding your Witness Statement.  Let's be silly for a moment and pretend you realise that you have ten minutes after reading this post to file your WS.  In that case you would look at the attachment around post 110 here (sometimes the post numbers go a bit wonky, if it's not post 110 it'll be a couple of posts above or below 110) change a couple of details and file it as yours  https://www.consumeractiongroup.co.uk/topic/421775-vcs-spycar-pcn-paploc-now-claimform-no-stopping-east-midlands-airport/page/5/#comments

 

Now I'm not suggesting you actually do that, but you can use this WS as the basis for yours.  It's VCS-no stopping-airport.  We already know what VCS have written their WS and it's always the same tripe "We put loads & loads & loads of signs up so Zimbird must owe us the money!"  And the arguments to sink VCS are always the same.  There's no reason why you can't use this to produce a draft WS either tomorrow or on 7 April.  It'll probably only be an hour's work, maybe two at most.  Later we would help with a bit of tweaking.

[brassnecked]

Also has it dawned on Simon he is dealing with an offshore defendant, or doesn't realise full implications as in if he did win, getting payment from Zimbawe enforced would be beyond the can't pay thugs they use.?

[Zimbird]

Yes but i could not risk getting another CCJ - let me look at the WS and adapt now.

[Zimbird]

Ok here is my draft WS - i probably have copied too much from the WS you told me would assist me - but i was a bit out of my depth regarding what was relevant to me or not. Apologies it took me all day yesterday and I did not find it easy. The only concern i have it does not answer all Wali’s points in his WS but i thought u could now all assist me if i give u a draft to work with.

 

VCS vs me.pdf

Edited April 2, 2022 by FTMDave
Personal details showing

[honeybee13]

Hi.

 

You've left your Zimbabwe address in the pdf at least twice. I would take that out.

 

I see you've mentioned your OH was driver and also mentioned 'the driver'. See what the experts think about which to use.

 

HB

[brassnecked]

I would remove reference to who the driver was,  sure the other's might have an opinion also

[FTMDave]

I'll go through it all with a fine-tooth comb tomorrow as I'm knackered now.  I understand you're away at the moment so I've done the redacting of your PDF.  What you've written is very good, but hey, if we can improve it a bit ...

 

You head a couple of the sections SEQUENCE OF EVENTS and LOCUS STANDI.  I think it would be best to do that throughout the document so the judge can quickly see the legal arguments you are using.  So -

 

Above (6) write GRACE PERIOD

Above (7) NO KEEPER LIABILITY

Above (9) ILLEGAL CONDUCT - NO CONTRACT FORMED

Above (10) BYE LAWS

Above (12)  DOUBLE RECOVERY

 

Between your current paras 13 & 14 stick in two general paragraphs which we have recently been putting at the end of WSs just to showcase VCS's lies.

 

in para 48 of his Witness Statement, Mohammed Wali is being somewhat disingenuous when he says he "may" be unable to attend the hearing.  I have researched scores of VCS court cases and I cannot find even one where Mr Wali has ever appeared in court.  The same goes for Ms Ambreen Arshad, the other paralegal employed by VCS to write witness statements.  This is particularly remarkable as hearings are by telephone or on-line during the COVID pandemic, with no travelling involved.  It seems that under no circumstances are VCS willing to have their witness statement authors questioned in court.

 

in para 23 and paras 39-42 of their Witness Statement, VCS make great show that their actions are supported by their trade association, the IPC. Until 2013 there was only one trade association for the industry, the British Parking Association. Its appeals body cancelled too many tickets for the likes of VCS, who “jumped ship” and joined a new, rival association, the IPC. This initiative was organised by Mr William Hurley and Mr John Davies of Gladstones Solicitors. The IPC, its appeals body the IAS and the firm of solicitors at the time mostly associated with parking litigation were all run by the same two people, in a blatant conflict of interest. Of course it is of no surprise that a breakaway biased parking association rubber stamps VCS's actions. It is neither here nor there what the IPC considers reasonable or lawful. What is important is what the law in England & Wales considers reasonable and lawful.

 

In 4.3 add the document as an exhibit.

 

In 4.4 you say 32 seconds but it should be 37. 

 

4.6  Is extremely dangerous.  If you let on that you own a UK property you can be damn sure that Simple Simon will use that as an excuse to refuse to accept Zimbabwe as your address and will instead write to Bristol.  I would change to -

 

4.6. The driver left England 2 days later and the Registered Keeper of the vehicle, left
England on 7th October 2020, 1 week later. The defendant returned home to Zimbabwe and
did not return to England until July 2021. The registered keeper, the Defendant, did not
receive the County Court Claim form issued on 28th April 2021 which was sent to a

previous address.

 

In 8.3 change EMA to Bristol Airport.

 

Move 8.7 into your NO KEEPER LIABILITY section.

 

Reword 12 to emphasise VCS's antics -

 

12.  As well as the original £100 parking charge and £110 allowed court/legal costs, the Claimant seeks recovery of an additional £60 described as “Debt Recovery charge”.

 

14 is dangerous too.  Cut out the words "The defendant offered the claimant the chance to come to an amicable agreement and be paid £257 on 19 August 2021 and to clear her name with a Set Aside. The Claimant responded with a dismissal" (it seems like you are admitting to owing the money) and "with failing eye sight" (someone with failing eye sight shouldn't be driving!)

 

More tomorrow.

Edited April 2, 2022 by FTMDave
More info added

[brassnecked]

Great points to be looking at ZimBird.

[FTMDave]

BTW, have we ever seen the original PCN?  Wally reckons it's POFA compliant but then doesn't include it in his WS.  I've skimmed through the thread, half asleep, and can't find it.

[Zimbird]

I have decided i could not go

away without submitting my WS. Therefore i have put my trip off to Monday lunch time. 

My deadline to send to the court is Monday morning as i won’t be back till Thursday evening.

working on all FTMDave’s changes now.

Wow u guys are amazing - feeling much more confident now!  We have got this!

 

I found the original Charge Notice in Wali’s exhibit B with all the pictures of the signs - just trying to upload and finding a way to block out all info first - bear with me

[honeybee13]

I've had to hide your post with the pdf. You need to go through it carefully and redact or cover up your name, address, car registration and any other identifying details and then repost the document. Quite a few of the photos have the car reg as well.

 

HB

[Zimbird]

Oh no it took me ages to do that - the only car registrations that i didn’t cover up were blurred anyway

[honeybee13]

I'm sure it did take you time but I'm afraid none of it looks blurred to me. I can read your name, address and car reg perfectly, in many places on the pdf.

 

HB

[dx100uk]

none of it is redacted... all the pictures are unredacted

hope you are not using a PDF editor?

[Zimbird]

Maybe what happened is it didn’t save all my changes - block outs - i literally went through every page and blocked all my names and registrations - in the photos too and then tried to save it before posting.  I am on my phone as my computer went for repair - so all a bit complicated and i recon the changes just didn’t save!

Going to get on with the WS now as I don’t really know how to separate all Walis pdf’s - part B - so could only upload them all together and it takes ages going through and blocking!

[FTMDave]

1 hour ago, Zimbird said:

My deadline to send to the court is Monday morning as i won’t be back till Thursday evening.

As it's Sunday I have quite a bit of spare time so we can tighten up the document - which is already very good.

 

Yep, we need at least the PCN redacted so it's visible for Caggers who are expert on POFA.  The dates on in do comply with POFA but it'd be good for them to be able to see if anything else is wrong.

[FTMDave]

Some comments on top of the ones above.  Wide-awake this time

 

Please read what I've prepared carefully just in case I've got something wrong.

 

Cut out 4.8 and 4.9 completely.  Again, you suggest you might owe the £257.  Yes, the points could remain without that sentence but really a lot of the preamble is irrelevant.  The judge won't really be bothered about the negotiations between you & VCS.  The important thing is whether you really did agree to a contract with VCS and then broke it that day at Bristol Airport.

 

Similarly some bits of your Evidence section with communications with VCS are not particularly important.  Certainly don't include anything where you offer to pay.

 

Rephrase 6 to seem to agree with VCS but then stick the knife in!

 

6.   The Claimant is correct in para 16 of their Witness Statement when they state that the stopping event lasted 37 seconds, not 30 seconds.  When I wrote in my defence that the incident in question took less than 30 seconds it was a figure of speech, to show to the court that the stopping was so short, it lasted less than a minute.  It is even difficult to call something that happened for less than a minute an incident.  But to be precise the incident in question did actually take 37 seconds.  There is a parking industry-wide grace period of 10 minutes, and 37 seconds is a lot less than 10 minutes.

 

In 7 we have to state why VCS haven't abided by POFA.  The dates seem to be alright for them.  That's why we need the PCN redacted so others more expert than me can have a look.  In the abscence of help from others, for the moment put -

 

7. The Claimant is suing the wrong person, the Defendant was not the driver of the vehicle and the Claimant has not established keeper liability under Schedule 4 of the Protection of Freedoms Act 2012.  The Act allows recovery of unpaid parking charges from the keeper of the vehicle but the first paragraph 1(1)(a) states that it only applies “in respect of parking of the vehicle on relevant land”. The definition of “relevant land” is given in paragraph 3(1) where subsection (c) excludes “any land .... On which the parking of a vehicle is subject to statutory control”.

 

Correcting and beefing up 9 -

 

9. The Claimant has failed to provide the following, either following a CPR request from myself to which they did not respond, or in their Witness Statement:
9.1. The legal contract between the Claimant and the landowner (which in this case is Bristol Airport Ltd) to provide evidence that the landowner has given them the necessary authority to issue parking charge notices and to pursue payment by means of litigation.  The Claimant has produced pages 1 and 6 of an 8-page "Service Agreement" but this does not seem to be a contract and six of the eight pages are missing.  It certainly does not give them permission to litigate on behalf of the Airport.
9.2. Proof of planning permission granted for alleged signage etc under the Town and Country Planning Act 1990.  Lack of planning permission is a criminal offence under this Act and no contract can be formed where criminality is involved.
9.3. I also do not believe the claimant possesses these documents.

 

Add at the end of 11.1 -  In para 17 of their Witness Statement the Claimant freely admits the vehicle was on an access road to Bristol Airport.  It was not in a car park.  It was not parked.  It was on a public road.

 

Put the boot in at the end of 12.1 -  I look forward to hearing the Claimant's representative's submission to the Court for these costs, when they know full well that legal costs are capped at £50 at small claims court.

[Zimbird]

Original Charge Notice

CN Bristol CAG.pdf

[FTMDave]

Changing tack for a moment, let's all have long faces, be deeply pessimistic and imagine the worst till happen, in the spirit that preparing too much is always better than preparing too little.

 

Your own deadline is tomorrow morning.  Phoning the court gets nowhere.  The court don't reply to your e-mails.  What will you do?  Will you risk BT Meet Me in Zimbabwe or will you really come back to the UK?

 

I've never had the pleasure of visiting Zimbabwe but I doubt it can be done for £257.  Is it really worth coming back?  Or were you intending to come to England anyway?

 

Even if Simon wins, either by default or in court, you won't get a CCJ.  As long as you pay the judgement amount by the 30 days all will finish there.

 

Depending on what you answer we can fix a strategy for tomorrow morning.

[Zimbird]

Just waiting for my revisions to download and so i can upload my revised WS. Internet has just decided to be really slow here! Painful.

My latest thoughts are not to come to back to

England for the court case - even though my BA flight return date is 19 April - i will have to change that as my kids have just arrived here for Easter and will be staying until May.

Should i try and find someone to represent me in the UK and be on the BT Meet Me Call? 

If i lose i am ok with that also, and i will pay immediately - anything to avoid another CCJ.  It has been a lot of work, this journey, but i am pleased i have gone all the way and taken a shot at winning.

Standing up for what’s right is very empowering!

 

ps. Please stand by for my WS - all the numbers have been changed a bit so i hope u can make sense of the revisions - and i hope i haven’t got too confused - i have had a lot of interruptions whilst doing this - my daughter missed her train and it was touch and go whether she got on her flight to Zim! All is well thankfully.

 

[brassnecked]

Here is the P Charge Notice, I have redacted it for you Zimbird, let the other's see it

Wali Pcn front.pdf

[FTMDave]

OK, we'll have a look at the revised WS when it arrives and carry out any last-minute tweaking.

 

You can't get someone to substitute for you in court unfortunately, you have to be the one present.  I think the best strategy is to include a paragraph about the hearing/BT Meet Me/e-mails to the court in the WS and also to write a letter to the judge, but we can deal with that this evening.  I see you've already included such stuff in your EVIDENCE section.

 

i initially didn't notice your EVIDENCE section and love the way you've mentioned the air fare to put the wind up Simon!